Section 189A — Bankruptcy Act 1966: Report and declaration by controlling trustee
Text of the provision Official document
(1) The controlling trustee must prepare a report: (a) summarising and commenting on the information about the debtor’s affairs that is available to the controlling trustee; and (b) stating whether the controlling trustee believes that the creditors’ interests would be better served: (i) by accepting the debtor’s proposal for dealing with his or her affairs under this Part; or (ii) by the bankruptcy of the debtor; and (c) naming each creditor who was identified as a related entity of the debtor in the debtor’s statement of affairs. (2) The trustee must: (a) give a copy of the report to the Official Receiver and to each of the creditors; and (b) keep a copy of the report. Declaration of relationships (3) The controlling trustee must make a written declaration stating whether the debtor is a related entity of: (a) the controlling trustee; or (b) a related entity of the controlling trustee. (4) The controlling trustee must: (a) give a copy of the declaration to the Official Receiver; and (b) give a copy of the declaration to each of the creditors at the same time as the controlling trustee gives a copy of the subsection (1) report to each creditor; and (c) keep a copy of the declaration.
Official source: Federal Register of Legislation
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →